Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Rejection - Dispute between parties are primarily a dispute between partners of firm - Allegation against accused is that he had taken away income tax files relating to partnership business from advocate when he was not authorized to do so at all - Petitioner was aware about identity of..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Corruption case - Further investigation - Order directing further investigation u/s 156(3) Cr.P.C. - Cannot be passed in absence of valid sanction...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Order to treat it as complaint - Incident happened inside house - Everything relating to fact within knowledge of applicant - Every evidence relating to it within control of applicant - There is nothing new which can be exposed after investigation - No illegality or impropriety in the..........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Power of Magistrate - Course of action - Where sanction u/s 19 of P.C. Act or S.197 Cr.P.C. is required for taking cognizance of offences, it is not possible for Court to take cognizance of offence by applying its mind u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court..........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate while invoking power u/s 156(3) Cr.P.C. ought not to act as a mere `Post Office' for forwarding the compliant for investigation u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Complaint - Offence u/ss 13(1)(c), 13(1)(d), 13(2) of P.C. Act - Forwarding complaint u/s 156(3) Cr.P.C. for investigation - When complaint did not disclose anything to have even a quick verification in the matter, Court below ought not to have..........
Criminal Procedure Code, 1973, Section 156(3) -- Public servant - Investigation u/s 156(3) Cr.P.C. cannot be ordered without there being valid sanction to prosecute by competent authority...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 403, 406, 467, 468 -- Direction for registration of FIR - Offence u/ss 420, 403, 406, 467, 468 IPC - Complaint u/s 156(3) Cr.P.C. was not bonafide, rather filed with sole object of getting petitioner blacklisted - Even otherwise, investigation carried by police after registering FIR in..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Failure and lapses in police investigation can fall in two categories: (i) where the irregularities and failure in given facts proved and established are insignificant and immaterial when the evidence on record is credible and trustworthy, Court can rely and base it judgment and findings without compelling..........
